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(영문) 서울행정법원 2012.09.06 2012구합3149
건축물사용승인처분취소
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts and circumstances of dispositions;

A. On December 18, 2008, the Marine Planning Co., Ltd. (hereinafter “Maritime Planning”) obtained a construction permit from the Defendant on the part of Jung-gu Seoul Special Metropolitan City, with a building area of 229.54 square meters, building-to-land ratio of 57.82%, total floor area of 1,190.78 square meters, and with a volume of 125.85%, on the part of Jung-gu Seoul Special Metropolitan City.

B. On January 13, 2010, after obtaining permission from the Defendant for the change of the underground section (an increase of the number of floors on the underground second floor and an increase of the total floor area of 342.97 square meters), the Minister of Land, Infrastructure and Transport completed the construction of the buildings with the second underground floor and the third underground floor size (hereinafter “instant building”), and obtained approval for the use on February 1, 201.

(hereinafter the Defendant’s approval of use on February 1, 201 (hereinafter “instant disposition”). C.

On February 1, 2011, the Defendant issued a corrective order to certified architect D, who was in charge of the modification of the building of the instant building on the ground that “The Maritime Planning is calculated on January 13, 2010 with the permission of the modification of the design on January 13, 2010, and the ground surface was calculated at a higher level than 16cc by mistake and the rooftop part exceeded 12 meters, the height limit of the highest height restriction area.”

Meanwhile, on November 29, 201, 201, certified architect D received a summary order of KRW 2 million for a crime of violating the Building Act, which stated, “The Seoul Central District Court prepared design documents with one meter, despite the fact that the surface (GL) on the south of the building of this case is zero meters, and the height restriction was prepared and reported to the Jung-gu Office with the purport that it conforms to Article 60 of the Building Act,” and filed a request for formal trial, and the lawsuit is currently in progress.

(Seoul Central District Court 201 High Court 7597). e.

The Plaintiffs are residents who own land and a ground building adjacent to the instant building and reside therein.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 7, 13 through 17, 19 evidence Gap 1, 2, 13 through 17, and 19 are each numbers.

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